Thursday, 18 April 2019

INSTRUMENT OF ACCESSION


INSTRUMENT OF ACCESSION

Instrument of Accession executed by Maharajah Hari Singh on October 26, 1947
Whereas the Indian Independence Act, 1947, provides that as from the fifteenth day of August, 1947, there shall be set up an independent Dominion known as INDIA, and that the Government of India Act 1935, shall with such omissions, additions, adaptations and modifications as the Governor General may by order specify, be applicable to the Dominion of India. And whereas the Government of India Act, 1935, as so adapted by the Governor General, provides that an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof.

Now, therefore, I Shriman Inder Mahinder Rajrajeswar Maharajadhiraj Shri Hari Singhji, Jammu & Kashmir Naresh Tatha Tibbet adi Deshadhipati, Ruler of Jammu & Kashmir State, in the exercise of my Sovereignty in and over my said State do hereby execute this my Instrument of Accession and
1. I hereby declare that I accede to the Dominion of India with the intent that the Governor General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall by virtue of this my Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of Jammu & Kashmir (hereinafter referred to as "this State") such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th day of August 1947, (which Act as so in force is hereafter referred to as "the Act').

2. I hereby assume the obligation of ensuring that due effect is given to provisions of the Act within this State so far as they are applicable therein by virtue of this my Instrument of Accession.

3. I accept the matters specified in the schedule hereto as the matters with respect to which the Dominion Legislature may make law for this State.

4. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor General and the Ruler of this State whereby any functions in relation to the administration in this State of any law of the Dominion Legislature shall be exercised by the Ruler of the State, then any such agreement shall be construed and have effect accordingly.

5. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or the Indian Independence Act, 1947, unless such amendment is accepted by me by Instrument supplementary to this Instrument.

6. Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorizing the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion for the purpose of a Dominion law which applies in this State deem it necessary to acquire any land, I will at their request acquire the land at their expense, or, if the land belongs to me transfer it to them on such terms as may be agreed or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India.

7. Nothing in this Instrument shall be deemed to commit in any way to acceptance of any future constitution of India or to fetter my discretion to enter into agreement with the Government of India under any such future constitution.

8. Nothing in this Instrument affects the continuance of my Sovereignty in and over this State, or, save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State.
 9. I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors. Given under my hand this 26th day of October, nineteen hundred and forty seven.

Hari Singh

Maharajadhiraj of Jammu and Kashmir State.

ACCEPTANCE OF ACCESSION BY THE GOVERNOR GENERAL OF INDIA

I do hereby accept this Instrument of Accession. Dated this twenty seventh day of October, nineteen hundred and forty seven.
Mountbatten of Burma

Governor General of India.

SCHEDULE OF INSTRUMENT OF ACCESSION
THE MATTERS WITH RESPECT TO WHICH THE DOMINION LEGISLATURE MAY MAKE LAWS FOR THIS STATE
A.  Defence
 
1. The naval, military and air forces of the Dominion and any other armed forces raised or maintained by the Dominion; any armed forces, including forces raised or maintained by an acceding State, which are attached to, or operating with, any of the armed forces of the Dominion.
2. Naval, military and air force works, administration of cantonment areas. 3. Arms, fire-arms, ammunition.

4. Explosives.

B. External Affairs

1. External affairs; the implementing of treaties and agreements with other countries; extradition, including the surrender of criminals and accused persons to parts of His Majesty's Dominions outside India.
2. Admission into, and emigration and expulsion from, India, including in relation thereto the regulation of the movements in India of persons who are not British subjects domiciled in India or subjects of any acceding State; pilgrimages to places beyond India.
 
3. Naturalisation.
 
C. Communications
 
1. Posts and telegraphs, including telephones, wireless, broadcasting, and other like forms of communication.
 
2. Federal railways; the regulation of all railways other than minor railways in respect of safety, maximum and minimum rates and fares, station and services terminal charges, interchange of traffic and the responsibility of railway administrations as carriers of goods and passengers; the regulation of minor railways in respect of safety and the responsibility of the administrations of such railways as carriers of goods and passengers.
 
3. Maritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.
 
4. Port quarantine.
 
5. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of Port Authorities therein.
 
6. Aircraft and air navigation; the provision of aerodromes; regulation and organisation of air traffic and of aerodromes.
 
7. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.
 
8. Carriage of passengers and goods by sea or by air.
 
9. Extension of the powers and jurisdiction of members of the police force belonging to any unit to railway area outside that unit.
D. Ancillary
 
1. Election to the Dominion Legislature, subject to the provisions of the Act and of any Order made thereunder.
 
2. Offences against laws with respect to any of the aforesaid matters.
 
3. Inquiries and statistics for the purposes of any of the aforesaid matters.
 
4. Jurisdiction and powers of all courts with respect to any of the aforesaid matters but, except with the consent of the Ruler of the acceding State, not so as to confer any jurisdiction or powers upon any courts other than courts ordinarily exercising jurisdiction in or in relation to that State.

Saturday, 6 April 2019

Dream of Iqbal. Did he only see one dream in his life?


Dream of Iqbal. Did he only see one dream in his life?

People often refer to a dream of Alama Iqbal? Which dream? I am sure in his life time, he must have seen hundreds of dreams.

He must have seen dreams of that German lady as well.

Did he really see a dream to divide India, and Muslims of Indian Sub-continent, and erect walls of hatred?

If that is what he dreamt, that is not something to be proud of. He was a good poet. I admire his poetry. Also he was a smart man.

However, anyone who promotes hatred and divide people on religious lines should not be adored or promoted.

At least I can’t do that, u can call me what u like. Human beings must not be divided, castigated and treated unfairly because of his cast or creed.
Dr Shabir Choudhry

Thursday, 28 March 2019

India’s anti- satellite test wasn’t really about satellites


India’s anti- satellite test wasn’t really about satellites

“India has no intention to threaten anyone,” said Narendra Modi, the country's prime minister, during a successful anti-satellite demonstration Wednesday.

The modern battlefield has extended to space. Although we’re not conducting laser battles in orbit (yet), satellite systems are regularly used to guide missiles and drones to their destination, facilitate communication between soldiers on the battlefield, and spy on adversaries. Given how critical space assets are for national security, it’s hardly surprising that militaries spend a lot of time developing ways to destroy their enemies’ satellites.

On Wednesday, the Indian Defense Research and Development Organization, or DRDO, launched a missile that destroyed one of the country’s own satellites in low Earth orbit. The successful demonstration, dubbed Mission Shakti, was revealed during a live televised address from Indian Prime Minister Narendra Modi, who claimed that “India has no intention to threaten anyone.”

“The main objective of our space program is ensuring the country’s security, its economic development, and India’s technological progress,” Modi said. “India has always been opposed to the weaponization of space and an arms race in outer space, and this test does not in any way change this position.”

Mission Shakti made India just the fourth country to successfully destroy a satellite in orbit, following the US, Russia, and most recently China. Compared with the international backlash that followed China’s anti-satellite demonstration in 2007, though, the response to India’s test has been relatively subdued.
Daniel Porras, the space security fellow at the United Nations Institute for Disarmament Research, says this is likely because the debris from the Indian anti-satellite test poses less of a hazard to other satellites. “The Chinese demonstration was carried out at 800 kilometers and was widely condemned because of the resulting space debris, which will likely stay in orbit for decades or longer,” according to Porras. “India’s demonstration was conducted at 300 kilometers, so the debris will likely be out of orbit in months. For this reason, the reaction has been much less.”
Anti-satellite missiles are generally touted as a deterrence mechanism, rather than a primary attack vector. The idea is basically to send a message to other space-faring nations: "If you destroy our space assets, we’ll destroy yours." The problem, of course, is that the debris created by a missile ramming into an adversary’s satellite makes operating in space more dangerous for everyone, including the country that launched the missile. In this sense, every successful anti-satellite missile attack is a Pyrrhic victory.
“One thing to keep in mind about knocking out satellites with military weapons is that it creates a debris field that all commercial and military satellites of every country will have to avoid for years to come,” says Daryl Kimball, the executive director of the Arms Control Association. Things are even worse if an anti-satellite missile is deployed during a conflict with a nuclear-armed nation. If that were the case, Kimball adds, the anti-satellite missile would be seen as an “extremely provocative step, because it could potentially mean that one side is trying to blind the other from detecting a nuclear attack.” This could, in theory, escalate the conflict toward nuclear war.
This is precisely why experts like Vipin Narang, an associate professor of political science at MIT, think that India’s anti-satellite test probably didn’t have much to do with satellites. From India’s perspective, its two greatest military adversaries are Pakistan and China—both of which have nuclear weapons, but only China has a robust military presence in space. Thus, Narang says, India’s anti-satellite test is difficult to make sense of because it is “both more dependent on satellites than Pakistan and it’s also less capable in a relative sense than China.”
“If Pakistan starts hitting Indian satellites, India can knock out Pakistan’s very few satellites,” notes Narang. “China can knock out all of India’s satellites whereas India cannot do the same to China. So it’s kind of a weird balance for India if it’s interested in getting into the anti-satellite deterrence game, [because] it doesn’t really have an advantage in either of its dyads.”
For this reason, Narang says that the anti-satellite test was more a demonstration of India’s ballistic missile defense system, rather than its ability to challenge adversaries in space. Although the DRDO didn’t explicitly name the type of missile used in the anti-satellite test, Narang pointed out that it likely was a modified version of the Prithvi missile, which India has been developing for more than a decade as a way to intercept incoming ballistic missiles.
Even as a demonstration of the country’s ballistic missile defense system, however, Narang says the significance of India’s achievement was way overhyped by Modi. Blowing up a satellite is much easier than intercepting a ballistic missile, which India successfully demonstrated in 2011, especially at such a low altitude. Most medium- and long-range ballistic missiles reach apogees well above 300 kilometers during their flight and have more complicated trajectories.
“In a lot of ways, an anti-satellite test is a baby ballistic missile defense test,” according to Narang. “It’s very easy to hit a satellite [because] its orbit is very predictable. A ballistic trajectory is harder because it’s coming at an angle so you have vertical and horizontal differentials you need to deal with.”
Despite its limited effectiveness as an anti-satellite weapon or a ballistic missile defense system, both Narang and Kimball saw the test as a potent political symbol as India prepares for general elections. “You can’t divorce it from the domestic politics in India,” Narang says. “It’s very provocative to do an ASAT test. It seems like this is an effort to brandish [Modi’s] security credentials with the general election coming up and in the wake of the crisis with Pakistan.” Indeed, India’s opposition party has called for a review of Modi’s announcement of the ballistic missile test to examine whether it violated election rules

Nonetheless, Kimball says the anti-satellite demonstration must be taken seriously as a space weapon. Indeed, the acting US defense secretary, Patrick Shanahan, condemnedthe test, but also said it shows why America needs to develop a Space Force. So far, there has been no official statement from the US government—a silence that Kimball says is “deafening.”
“This is a problem, whether its a friend or an adversary that conducts a ballistic missile test that destroys an Earth-orbiting satellite,” contends Kimball. “We need to be aware that when a country conducts a test of a satellite-killing technology, it’s a dangerous step. It underscores the urgent need to discuss some common-sense rules of the road for space behavior.”